Disorderly Conduct
Penal Code 42.01 — words that incite, fights, noise, and a firearm displayed
Texas's disorderly conduct section lists what it covers, each done intentionally or knowingly. Abusive, indecent, profane or vulgar language in a public place is an offense only where it by its very utterance tends to incite an immediate breach of the peace, and an offensive gesture or display the same.
- Abusing or threatening a person in a public place in an obviously offensive manner, with a defense of significant provocation.
- Unreasonable noise in a public place, or in or near a residence the person has no right to occupy.
- Fighting with another in a public place.
- Discharging a firearm in a public place other than a public road or sport shooting range, or on or across a public road.
- Displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm.
- Exposure, and looking into a home, hotel room, restroom or dressing room for a lewd or unlawful purpose.
| The conduct | The class |
|---|---|
| The conductMost of the section | The classClass C misdemeanor |
| The conductDischarging a firearm in a public place, or displaying a weapon in a manner calculated to alarm | The classClass B misdemeanor |
Noise is presumed unreasonable if it exceeds 85 decibels after the person has been told by a magistrate or peace officer that it is a public nuisance. A public school campus counts as a public place, and several subdivisions do not apply to students younger than 12 at school during school hours.
Sources for this section (1)
- Penal Code 42.01 — Disorderly conduct
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.